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Showing posts sorted by date for query privacy. Sort by relevance Show all posts
Showing posts sorted by date for query privacy. Sort by relevance Show all posts
Sunday, May 1, 2016
US Workers Continue to be Exposed to Asbestos
Wednesday, April 27, 2016
Privacy: Court Mandates Protective Order for Workers' Compensation Discovery
Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.
Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.
Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.
Wednesday, March 23, 2016
Expectations Must Adapt to Change
In the "old days" the US workers' compensation system, meet or "exceeded exceptions." Looking backward we recognize an aggressive and dedicated work ethic, that the government, private industry and labor," managed to embrace into a "Grand Bargain" called Workers' Compensation.
Times have changed. In the past the corporate and executive workplace was a formal "tie and jacket" environment. Seasoned member always gripe how things have changed for the worse and long for a return to the comforting and familiar "good old times."
Times have changed. In the past the corporate and executive workplace was a formal "tie and jacket" environment. Seasoned member always gripe how things have changed for the worse and long for a return to the comforting and familiar "good old times."
Monday, March 21, 2016
Garlock reaches $480 Million settlement on asbestos claims
Garlock plans to emerge from bankruptcy and establish a trust in the amount of $480 Million to pay asbestos claimants and their families. Garlock a member of the EnPro Industries consortium had made asbestos gaskets.Asbestos is a known carcinogen and causally connected with lung cancer, mesothelioma and other malignancies as well as asbestosis.
Monday, February 8, 2016
Defense Firm Prohibited From Seeking Unfettered Medical Discovery
A defense firm, that had a “custom” of seeking unlimited medical discovery in workers’ compensation claims, was barred from utilizing that litigation tactic. The NJ Appellate Division affirmed the trial level decision of The Honorable Emille R. Cox, Supervising Judge of Compensation that prohibited requests for unlimited medical data.
Thursday, February 4, 2016
Senator Patrick Leahy Calls For Greater Transparency by Asbestos Companies
Statement of Senator Patrick Leahy Ranking Member, Judiciary Committee Hearing on “The Need for Transparency in the Asbestos Trusts”
Today the Judiciary Committee meets to discuss legislation that purports to promote more transparency in asbestos trusts. Before we get into a detailed discussion about the merits of the proposed legislation, I want to make sure we all remember why we are here today. For decades, millions of American workers were secretly poisoned. Men and women who worked in our Nation’s factories, shipyards, mines and construction sites, and service members in the military, unknowingly inhaled air that was laced with asbestos—a substance so harmful that an individual can become critically ill simply by breathing.
Saturday, January 9, 2016
Insurance Company Plans to Track Movements of Workers In The Name Of Safety
A major workers’ compensation insurance carrier is planning to “tag” workers with individual movement trackers in the name of safety. Privacy issues were not addressed in the announcement.
American International Group, Inc. (NYSE:AIG) today announced a strategic investment in Human Condition Safety (HCS), an early-stage technology startup company developing wearable devices, analytics, and systems to improve worker safety.
Friday, January 8, 2016
"Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act" a Corporate Giveaway
The following is a statement from American Association for Justice (AAJ) CEO Linda Lipsen in response to the U.S. House of Representatives passing H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act justice.org.:
“If I said Congress was considering a bill to shield Volkswagen from being held accountable for the fraud on its customers, and then combined it with a bill to protect companies that knowingly poisoned people with asbestos, no one would believe me. But that’s exactly what the House just passed. This is a bill that only helps corporations that killed and cheated people, plain and simple.
Thursday, December 24, 2015
Employer Permitted to Use Facebook Photos to Challenge Injured Workers Claims Without Prior Notice
An employer was permitted to utilize photographs taken from Claimant's public Facebook as impeachment evidence without prior notice to Claimant. Public Facebook photographs of Claimant holding her grandson with her injured arm and hand as impeachment evidence against Claimant.
Monday, November 16, 2015
CMS MSP FInal Conditional Payments Portal To Open
Upcoming Updates to the Medicare Secondary Payer Recovery Portal (MSPRP) Modification for Inclusion of Final Conditional Payment (CP) Process Functionality
As part of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act), the MSPRP will be modified to include Final CP process functionality by January 1, 2016. This new functionality will permit authorized MSPRP users to notify CMS that a recovery case is 120 days (or less) from an anticipated settlement and request that the recovery case be a part of the Final CP process.
When the Final CP process is requested, any disputes submitted through the MSPRP will be resolved within 11 business days of receipt of the dispute. Once all disputes have been resolved, and the case is within 3 days of settling, the beneficiary or their authorized representative will be able to request a Final Conditional Payment Amount on the MSPRP. Once calculated, this amount will remain the Final Conditional Payment Amount as long as:
- The case is settled within 3 calendar days of requesting the Final Conditional Payment Amount, and
- Settlement information is submitted through the MSPRP within 30 calendar days of requesting the Final Conditional Payment Amount.
Friday, November 13, 2015
Demolition of Paterson NJ Armory Highlights Present Danger of Asbestos
The emergency demolition of the decades old Paterson NJ Armory, an historic site, highlights that asbestos, a known carcinogen, remains a hazard to workers when older buildings require renovation or demolition.
asbestos remains a clear and present danger to workers. Despite the fact that asbestos may not be used as a new construction material,
Asbestos, a naturally occurring mineral, was used for years as a construction material because of its fire retardant and heat insulation properties.
The hazards of asbestos are well known. Exposure to asbestos may cause the latent development of: asbestosis, lung cancer and mesothelioma.
The Paterson NJ Armory caught fire several days ago and resulted in a major North Jersey fire alarm requiring the participation of firefighters to be called in from multiple jurisdictions to be be brought under control. Unable to reach and extinguish some parts of the fire, the Paterson Fire Department ordered that the historic building be demolished on an emergency basis.
Despite the knowledge of the fatal hazards of asbestos use, it has yet to be banned in the United States.
Asbestos, a naturally occurring mineral, was used for years as a construction material because of its fire retardant and heat insulation properties.
The hazards of asbestos are well known. Exposure to asbestos may cause the latent development of: asbestosis, lung cancer and mesothelioma.
The Paterson NJ Armory caught fire several days ago and resulted in a major North Jersey fire alarm requiring the participation of firefighters to be called in from multiple jurisdictions to be be brought under control. Unable to reach and extinguish some parts of the fire, the Paterson Fire Department ordered that the historic building be demolished on an emergency basis.
Despite the knowledge of the fatal hazards of asbestos use, it has yet to be banned in the United States.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Wednesday, August 5, 2015
CMS to Speed-Up MSP Collection Practices
The Centers for Medicare and Medicaid Services (CMS) has announced that it intends to speed up its collections practices enforcing the Medicare Secondary Payer Act (MSP). CMS stated that such procedures are mandatory under the Digital Accountability and Transparency Act of 2014 or the DATA Act Public Law No: 113-101 (05/09/2014).
Thursday, July 9, 2015
Asbestos in Children's Toys
It has been reported that certain children's toys contain asbestos fiber. Asbestos is a known cancer producing substance.Today's post is shared from ewr.org
"The toys, purchased at national retail chains or through online retailers, were tested by a government-certified laboratory, using state-of-the-art equipment. Samples that tested positive were retested by another government-certified laboratory to confirm the results. The results are significant because even trace exposure to asbestos can cause cancer and other fatal lung disease.
"The tests found asbestos in four of the 28 boxes of crayons tested, several marketed under the names of popular fantasy characters Mickey Mouse, Power Rangers and Teenage Mutant Ninja Turtles. Two of the 21 crime scene fingerprint kits were tainted with asbestos.
Click here to read the entire article.
Click here to read Sen Ed Markey's Letter.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Wednesday, June 24, 2015
US EPA Report Calls For Better Regulation of Demolition of Asbestos Containing Buldings
Thursday, May 28, 2015
In the name of privacy...
After the massive US IRS data breach announcement this week, CMS has posted that it is establishing a more secure system for access to Medicare Secondary Payer Information. This is pretty consistent with President Obama's announcement to take Social Security Numbers off of Medicare Cards.
The real issue is that while workers' compensation records are supposedly confidential in State systems, the Federal government has consistently neglected to insure that privacy whether be: medical records under HIPPA; by integration of state's motor vehicle or workers' compensation records utilizing Social Security Numbers, or by Medicare Secondary Payer Act electronic data systems.
Additionally, the Federal government will probably be mandating the reporting workers' compensation payment information, in Federal Income Returns shortly. The batting record of the IRS this week on privacy has been dismal.
Time will only tell whether workers' compensation data can actually be shielded from intruders.
CMS announced today:
"As part of the Strengthening Medicare and Repaying Taxpayers (SMART) Act, the Centers for Medicare & Medicaid Services (CMS) will be implementing optional MFA services on the MSPRP. MFA is the use of two or more different authentication factors to verify the identity of an end user. Verified users will have access to view unmasked claim data on the Portal.
"Non debtors will still need to have a Verified Proof of Representation or Consent to Release authorization to perform actions on cases. Please note that MFA and the associated identity proofing process will be optional to portal users. Portal users may continue to use the portal without going through the MFA process but will not have the benefit of viewing un-masked data.
"MFA is scheduled to be available beginning on July 13, 2015. Updated user guides and training materials will be available on CMS.gov and within the portal upon implementation.
The real issue is that while workers' compensation records are supposedly confidential in State systems, the Federal government has consistently neglected to insure that privacy whether be: medical records under HIPPA; by integration of state's motor vehicle or workers' compensation records utilizing Social Security Numbers, or by Medicare Secondary Payer Act electronic data systems.
Additionally, the Federal government will probably be mandating the reporting workers' compensation payment information, in Federal Income Returns shortly. The batting record of the IRS this week on privacy has been dismal.
Time will only tell whether workers' compensation data can actually be shielded from intruders.
CMS announced today:
"As part of the Strengthening Medicare and Repaying Taxpayers (SMART) Act, the Centers for Medicare & Medicaid Services (CMS) will be implementing optional MFA services on the MSPRP. MFA is the use of two or more different authentication factors to verify the identity of an end user. Verified users will have access to view unmasked claim data on the Portal.
"Non debtors will still need to have a Verified Proof of Representation or Consent to Release authorization to perform actions on cases. Please note that MFA and the associated identity proofing process will be optional to portal users. Portal users may continue to use the portal without going through the MFA process but will not have the benefit of viewing un-masked data.
"MFA is scheduled to be available beginning on July 13, 2015. Updated user guides and training materials will be available on CMS.gov and within the portal upon implementation.
Monday, May 18, 2015
Bill delays compensation for asbestos victims, puts privacy at risk
Washington, D.C. — The following is a statement from American Association for Justice CEO Linda Lipsen on today’s markup of the Furthering Asbestos Claims Transparency (FACT) Act (H.R. 526) in the U.S. House of Representatives Committee on the Judiciary:
“Asbestos is still legal in the United States, and with 12,000 to 15,000 Americans suffocating to death every year from asbestos diseases, Congress should act to protect the public by demanding transparency from asbestos corporations. Instead, the FACT Act will grant a handout to the very corporations that poisoned and killed hundreds of thousands of Americans, while doing nothing to prevent further exposure to this deadly toxin.
“The asbestos industry is the only supporter of the FACT Act, and to date, this committee has refused to hear testimony from people who have experienced the ravages of asbestos diseases. Americans should be outraged that this markup will go forward without consideration of the people who will shoulder the entire burden of this one-sided bill – asbestos victims and their families."
“Asbestos is still legal in the United States, and with 12,000 to 15,000 Americans suffocating to death every year from asbestos diseases, Congress should act to protect the public by demanding transparency from asbestos corporations. Instead, the FACT Act will grant a handout to the very corporations that poisoned and killed hundreds of thousands of Americans, while doing nothing to prevent further exposure to this deadly toxin.
“The asbestos industry is the only supporter of the FACT Act, and to date, this committee has refused to hear testimony from people who have experienced the ravages of asbestos diseases. Americans should be outraged that this markup will go forward without consideration of the people who will shoulder the entire burden of this one-sided bill – asbestos victims and their families."
Thursday, May 7, 2015
NJ State Bar Association Opposes Workers' Compensation COLA Bill
"The New Jersey State Bar Association respectfully has concerns with S-929 (Sweeney) which concerns
certain workers' compensation supplemental benefits.
The New Jersey State Bar Association opposes this legislation in order to preserve the “Reverse Offset”
provision in New Jersey, visa vie Social Security, which provides for a reduction of the workers'
compensation benefit of a worker also receiving disability insurance. Enacting this legislation has the
potential of harming the economic integrity of New Jersey’s current cost effective system by allowing for
a double recovery of disability benefits and workers’ compensation benefits, which will in turn increase
the cost of doing business in New Jersey. A potential alternative that would limit these adverse
consequences would be to limit the application of the bill to survivor/death benefits.
For the reasons set for above, the New Jersey State Bar Association respectfully opposes this bill."
Tuesday, May 5, 2015
Look Who Is Prescribing What
“This transparency will give patients, researchers, and providers access to information that will help shape the future of our nation’s health for the better,” said acting CMS Administrator Andy Slavitt. “Beneficiaries’ personal information is not available; however, it’s important for consumers, their providers, researchers, and other stakeholders to know how many prescription drugs are prescribed and how much they cost the health care system, so that they can better understand how the Medicare Part D program delivers care.”
The new data set contains information from over one million distinct health care providers who collectively prescribed approximately $103 billion in prescription drugs and supplies paid under the Part D program. The data characterizes the individual prescribing patterns of health providers that participate in Medicare Part D for over 3,000 distinct drug products. For each prescriber and drug, the dataset includes the total number of prescriptions that were dispensed, which include original prescriptions and any refills, and the total drug cost paid by beneficiaries, Part D plans, and other sources.
CMS created the new data set using drug claim information submitted by Medicare Advantage Prescription Drug plans and stand-alone Prescription Drug Plans. With this data, it will be possible to conduct a wide array of prescription drug analyses that compare drug use and costs for specific providers, brand versus generic drug prescribing rates, and to make geographic comparisons at the state level.
The Administration has set measurable goals and a timeline to move Medicare toward paying providers based on the quality, rather than the quantity, of care they give patients. This is part of a wide set of initiatives to achieve better care, smarter spending and healthier people through our health care system. Open sharing of data securely, timely and more broadly supports insight and innovation in health care delivery.
Today’s Part D prescriber data availability adds to the unprecedented information previously released on services and procedures provided to Medicare beneficiaries, including hospital charge data on common impatient and outpatient services as well as utilization and payment information for physicians and other healthcare professionals. In addition, under the Qualified Entity (QE) program, CMS releases Medicare data to approved entities for the purposes of producing public performance reports on physicians, hospitals, and other providers. To date, CMS has certified 11 regional QEs and one national QE.
To view a fact sheet on the Medicare Part D prescriber data, visit: http://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Medicare-Provider-Charge-Data/Part-D-Prescriber.html
Updated: May 15, 2015
Related articles
How Proposed Part D Changes Are Playing On Capitol Hill (workers-compensation.blogspot.com)
The new data set contains information from over one million distinct health care providers who collectively prescribed approximately $103 billion in prescription drugs and supplies paid under the Part D program. The data characterizes the individual prescribing patterns of health providers that participate in Medicare Part D for over 3,000 distinct drug products. For each prescriber and drug, the dataset includes the total number of prescriptions that were dispensed, which include original prescriptions and any refills, and the total drug cost paid by beneficiaries, Part D plans, and other sources.
CMS created the new data set using drug claim information submitted by Medicare Advantage Prescription Drug plans and stand-alone Prescription Drug Plans. With this data, it will be possible to conduct a wide array of prescription drug analyses that compare drug use and costs for specific providers, brand versus generic drug prescribing rates, and to make geographic comparisons at the state level.
The Administration has set measurable goals and a timeline to move Medicare toward paying providers based on the quality, rather than the quantity, of care they give patients. This is part of a wide set of initiatives to achieve better care, smarter spending and healthier people through our health care system. Open sharing of data securely, timely and more broadly supports insight and innovation in health care delivery.
Today’s Part D prescriber data availability adds to the unprecedented information previously released on services and procedures provided to Medicare beneficiaries, including hospital charge data on common impatient and outpatient services as well as utilization and payment information for physicians and other healthcare professionals. In addition, under the Qualified Entity (QE) program, CMS releases Medicare data to approved entities for the purposes of producing public performance reports on physicians, hospitals, and other providers. To date, CMS has certified 11 regional QEs and one national QE.
To view a fact sheet on the Medicare Part D prescriber data, visit: http://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Medicare-Provider-Charge-Data/Part-D-Prescriber.html
Updated: May 15, 2015
Related articles
How Proposed Part D Changes Are Playing On Capitol Hill (workers-compensation.blogspot.com)
CMS Defines Further Defines Policy Implementation on Part D Coverage of Benzodiazepines and Barbiturates (workers-compensation.blogspot.com)
Study: Cancer costs 'skyrocketed' despite drug cuts (workers-compensation.blogspot.com)
Big Pharma: More corruption reported in the architecture of evidence based medicine (workers-compensation.blogspot.com)
Public Comment Sought on Draft Document for Workplace Tobacco Policies (workers-compensation.blogspot.com)
Tuesday, March 3, 2015
Nurse Who Contracted Ebola in the U.S. Sues Her Hospital Employer
The nurse who was the first person to contract Ebola in the United States filed suit on Monday against the Dallas hospital where she worked, saying it knowingly left workers without the training or equipment needed to handle the disease.
The nurse, Nina Pham, 26, was one of two at Texas Health Presbyterian Hospital who were infected while treating Thomas Eric Duncan, who had the virus when he arrived from the West African country of Liberia.
Ms. Pham’s suit, filed in State District Court in Dallas, accuses the hospital’s parent company, Texas Health Resources, of negligence, fraud and invasion of privacy. Not only did the hospital expose her to a deadly disease, she contends, it also made false statements about her condition and released video of her without her permission.
A Texas Health spokesman, Wendell Watson, said Ms. Pham was “still a member of our team,” and declined to address the specific claims. He added, “We remain optimistic that we can resolve this matter.”
Ms. Pham has been free of Ebola for months, but she has lingering medical and emotional problems, and the long-term consequences remain unclear, said her lawyer, Charla Aldous.
“She still has fatigue and body aches,” and has not been able to return to work, Ms. Aldous said. “She’s been having some liver problems. Her hair started falling out.”
Mr. Duncan went to the hospital’s emergency room on Sept. 25 with fever, nausea and abdominal pain,...
[Click here to see the rest of this post]
The nurse, Nina Pham, 26, was one of two at Texas Health Presbyterian Hospital who were infected while treating Thomas Eric Duncan, who had the virus when he arrived from the West African country of Liberia.
Ms. Pham’s suit, filed in State District Court in Dallas, accuses the hospital’s parent company, Texas Health Resources, of negligence, fraud and invasion of privacy. Not only did the hospital expose her to a deadly disease, she contends, it also made false statements about her condition and released video of her without her permission.
A Texas Health spokesman, Wendell Watson, said Ms. Pham was “still a member of our team,” and declined to address the specific claims. He added, “We remain optimistic that we can resolve this matter.”
Ms. Pham has been free of Ebola for months, but she has lingering medical and emotional problems, and the long-term consequences remain unclear, said her lawyer, Charla Aldous.
“She still has fatigue and body aches,” and has not been able to return to work, Ms. Aldous said. “She’s been having some liver problems. Her hair started falling out.”
Mr. Duncan went to the hospital’s emergency room on Sept. 25 with fever, nausea and abdominal pain,...
[Click here to see the rest of this post]
Wednesday, February 25, 2015
Medical Record Privacy: Does it Really Exist in a Workers' Compensation Claim?
Since before the evolution/promulgation of HIPPA, the nation's workers' compensation system has struggled with issues surrounding medical record privacy and dissemination of data. While establishing an aura of confidentiality, the nation's workers' compensation system has difficulty in maintaining strict medical record privacy.
Excluded from HIPPA, workers' compensation programs exchange huge amounts of medical records in order to efficiently and expeditiously process work related traumatic and occupational exposure claims. The balancing of interests continues to be an evolving process, especially in light of recent mass computer hacking of corporate entities and their employee data.
In a recent social media posting, John Geaney, Esq. defense attorney practicing in NJ, describes how NJ employers and employee may obtain/exchange/disseminate medical records. Albeit that is only the tip of the medical records corporate iceberg/nightmare, the future remains even more uncertain as computer hacking escalates and national computer security issues become more involved and complicated. The future will even become more complicated as interests of stakeholders are increasingly challenged by technology.
Excluded from HIPPA, workers' compensation programs exchange huge amounts of medical records in order to efficiently and expeditiously process work related traumatic and occupational exposure claims. The balancing of interests continues to be an evolving process, especially in light of recent mass computer hacking of corporate entities and their employee data.
In a recent social media posting, John Geaney, Esq. defense attorney practicing in NJ, describes how NJ employers and employee may obtain/exchange/disseminate medical records. Albeit that is only the tip of the medical records corporate iceberg/nightmare, the future remains even more uncertain as computer hacking escalates and national computer security issues become more involved and complicated. The future will even become more complicated as interests of stakeholders are increasingly challenged by technology.
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